Ordinance 2024-4673North Beach Comprehensive Use Regulations
ORDINANCE NO.2024-4673
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH,FLORIDA,AMENDING THE RESILIENCY
CODE OF THE CITY OF MIAMI BEACH,BY AMENDING CHAPTER 7,
ENTITLED "ZONING DISTRICTS AND REGULATIONS,"ARTICLE 3,
ENTITLED "OVERLAY DISTRICTS,"AT SECTION 7.3.7,"ART DECO
MIMO COMMERCIAL CHARACTER OVERLAY DISTRICT,"TO
REMOVE THE "OCEAN TERRACE/HARDING TOWNSITE AREA"
FROM THE BOUNDARIES OF THE OVERLAY;AND BY
ESTABLISHING SECTION 7.3.10,ENTITLED "NORTH BEACH
COMMERCIAL CHARACTER OVERLAY,"(1)TO INCORPORATE THE
PRE-EXISTING REGULATIONS FROM THE ART DECO/MIMO
COMMERCIAL CHARACTER OVERLAY THAT ARE APPLICABLE TO
THE "OCEAN TERRACE/HARDING TOWNSITE AREA,"(2)TO
PROVIDE LIMITS ON THE NUMBER OF PACKAGE LIQUOR STORES,
CHECK CASHING STORES,CONVENIENCE STORES,AND TATTOO
STUDIOS LOCATED NORTH OF 63 STREET,AND (3)TO PROHIBIT
TOBACCO AND VAPE DEALERS,OCCULT SCIENCE
ESTABLISHMENTS,VITAMIN STORES,PAWN SHOPS,SOUVENIR
AND T-SHIRT SHOPS,AND RELATED NUISANCE USES NORTH OF
63 STREET;PROVIDING FOR REPEALER;SEVERABILITY;
CODIFICATION;AND AN EFFECTIVE DATE.
WHEREAS,the area of the City located to the north of 63°Street is generally known as
"North Beach";and
WHEREAS,a large portion of the North Beach area is located within the North Shore
National Register District and the Normandy Isles National Register District;and
WHEREAS,a large portion of the North Beach area is located within the following local
historic districts:Normandy Isles Historic District,North Shore Historic District,Harding Townsite
Historic District,Altos Del Mar Historic District,and the North Beach Resort Historic District;and
WHEREAS,properties fronting Ocean Terrace and Collins Avenue between 73rd and 75th
Streets are within the Harding Townsite historic district and the North Shore National Register
historic district;and
WHEREAS,properties fronting Harding Avenue between 73rd and 75th Streets are within
the North Shore National Register historic district;and
WHEREAS,the City of Miami Beach ("City")has undertaken a master planning process
for the North Beach area,including the Harding Townsite historic district and North Shore National
Register district,in order to encourage the revitalization of the area by improving cultural,retail,
and dining experiences for residents and visitors to the area;and
Page 1 of 13
WHEREAS,regulations regarding formula commercial establishments and formula
restaurants that are applicable to Ocean Terrace were established by the City on September 25,
2017 pursuant to Ordinance No.2017-4137;and
WHEREAS,this Ordinance does not modify the regulations regarding formula commercial
establishments and formula restaurants that were established in Ordinance No.2017-4137,but
rather relocates those regulations for improved transparency and clarity;and
WHEREAS,the proliferation of certain uses,such as convenience stores,formula
restaurants,formula retail establishments,check cashing stores,pawnshops,souvenir and t-shirt
shops,tattoo studios,occult science establishments,massage therapy centers,and package
liquor stores,can negatively affect the unique character of the City's North Beach neighborhoods;
and
WHEREAS,it is the intent of the City to limit the proliferation of establishments which may
negatively affect the character of North Beach neighborhoods;and
WHEREAS,the amendments set forth below are necessary to accomplish all of the above
objectives.
NOW THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH,FLORIDA.
SECTION 1.Chapter 7,entitled "Zoning Districts and Regulations,Article 3,entitled "Overlay
Districts,"at Section 7.3.1,"Art Deco MiMo Commercial Character Overlay District,"is hereby
amended as follows:
CHAPTER 7
ZONING DISTRICTS AND REGULATIONS
**k
ARTICLE 3.OVERLAY DISTRICTS
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7.3.1 ART DECO MIMO COMMERCIAL CHARACTER OVERLAY DISTRICT
7.3.1.1 Location and purpose (Art Deco MIMO Commercial Character Overlay
District).
a.There is hereby created the Art Deco/Mimo Commercial Character Overlay District (the
"overlay district").The overlay district consists of the properties in the South Beach Art
Deco Area identified in the map below in this subsection (a)and the properties identified
in the Ocean Terrace/Harding Townsite Area described in subsection (b)below The
South Beach Art Deco Area is generally located east of the western lot lines of properties
fronting the west side of Washington Avenue between 5th Street on the south and 23rd
street on the north and located west of the ocean:
Page 2 of 13
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b.RESERVED.The Ocean Terrace/Harding Townsite Area is identified in the map below
and is generally located between Harding Avenue to the west and Ocean Terrace to the
east,between 73rd and 75th Streets (MAP EXHIBIT 2):
Page 3 of 13
c.The purpose of this overlay district is to limit the proliferation of uses which may diminish
the character of historic commercial areas within the city.This overlay district is designed
based on and intended to achieve the following facts and intents:
i.Properties fronting Ocean Drive and Collins Avenue that have a zoning designation
of MXE mixed use entertainment are located in the Ocean Drive/Collins Avenue
historic district,as well as the Miami Beach Architectural National Register Historic
District;
ii.Properties fronting Washington Avenue that have a zoning designation of CD-2
commercial medium intensity district,are located in the Flamingo Park historic
district and the Miami Beach Architectural National Register Historic District;
iii.Ocean Drive,Collins Avenue,and Washington Avenue are some of the premier
streets in Miami Beach and provide residents and visitors with a unique cultural,
retail,and dining experience and are vital to Miami Beach's economy,especially the
tourism industry;
iv.Properties fronting Ocean Terrace and Collins Avenue between 73rd and 75th
Streets are within the Harding Townsite historic district and the North Shore National
Register historic district;
v.Properties fronting Harding Avenue between 73rd and 75th Streets are within North
Shore National Register historic district:and
vi.vi.The City of Miami Beach has undertaken a master planning process for the North
Beach area that includes the Harding Townsite historic district and North Shore
National Register district,in order to encourage the revitalization of the area by
improving cultural,retail,and dining experiences for residents and visitors to the
area;
Page 4 of 13
vii.Formula commercial establishments and formula restaurants are establishments
with multiple locations and standardized features or a recognizable appearance,
where recognition is dependent upon the repetition of the same characteristics of
one store in multiple locations;
viii.Formula commercial establishments and formula restaurants are increasing in
number along Ocean Drive and within other historic districts;
ix.The sameness of formula commercial establishments,while providing clear
branding for retailers,conflicts with the city's Vision Statement which includes
creating "A Unique Urban and Historic Environment";
x.Notwithstanding the marketability of a retailer's goods or services or the visual
attractiveness of the storefront,the standardized architecture,color schemes,decor
and signage of many formula commercial establishments detract from the distinctive
character and aesthetics of the historic districts;
xi.The increase of formula commercial establishments hampers the unique cultural,
retail,and dining experience in commercial and mixed-use areas of the city's historic
districts;
xii.Specifically,the proliferation of formula commercial establishments may unduly limit
or eliminate business establishment opportunities for non-traditional or unique
businesses,thereby decreasing the diversity of cultural,retail,and dining services
available to residents and visitors;
xiii.The homogenizing effect of formula commercial establishments,based on their
reliance on standardized branding,increases if the size of the establishment,the
number of locations or size or use of branded elements is greater;
xiv.The increased level of homogeneity detracts from the uniqueness of the historic
districts,which thrive on a high level of interest maintained by a mix of cultural,retail,
and dining experiences that are not found elsewhere in the country;
xv.Sidewalk cafes are central to the economy of Ocean Drive and enhance the
pedestrian experience and historic and cosmopolitan character of the street;
xvi.It is not the intent of the city to limit interstate commerce,but rather to maintain the
historic character of neighborhoods and promote their unique cultural,retail,and
dining experiences that are vital to the city's economy;
xvii.It is the intent of the city that if an establishment that has multiple locations and
standardized features or a recognizable appearance seeks to locate within certain
areas affected by this division that such establishment provide a distinct array of
merchandise,facade,decor,color scheme,uniform apparel,signs,logos,
trademarks,and service marks;
xviii.Convenience stores,pharmacy stores and formula eating establishments have
similar impacts to the unique character of this important area of the city as formula
stores;
Page 5 of 13
xix.Check cashing stores,pawnshops,souvenir and t-shirt shops,tattoo studios,
fortune tellers (occult science establishments),massage therapy center,and
package liquor stores are uses which negatively affect surrounding areas;and
xx.It is the intent of the city to limit the number of establishments which may negatively
affect surrounding areas.
7.3.1.2 Compliance with regulations (Art Deco MIMO Commercial Character Overlay
District).
The following regulations shall apply to the overlay district.There shall be no variances
allowed from these regulations.All development regulations in the underlying zoning district
and any other applicable overlay regulations shall apply,except as follows:
a.The following limitations shall apply to the commercial uses listed below:
i.Check cashing stores shall comply with the following regulations:
1.Such establishments shall be prohibited on lots fronting Ocean Drive and in the
Ocean Terrace Harding Townsite Area.
2.In areas of the overlay district not included in Section 7.3.7.1.a above,there shall
be no more than two (2)such establishments.Such establishments shall be
located no closer than 2,500 feet from any other such establishment.
ii.Convenience stores shall comply with the following regulations:
1.Such establishments shall be prohibited on lots fronting Ocean Drive.
2.In the Ocean Terrace/Harding Townsite Area,there shall be a limit of one (1)such
establishment.
3.In areas of the Overlay District not included in Section 7.3.7.1.a and b above,
there shall be no more than five (5)such establishments.Such establishments
shall be located no closer than 2,500 feet from any other such establishment.
iii.Formula commercial establishments shall comply with the following regulations:
1.Such establishments shall be prohibited on lots fronting Ocean Drive and Ocean
Terrace.
2.This subsection shall not apply to any establishments in the South Beach Art
Deco Area other than establishments fronting Ocean Drive nor to any
establishment in the Ocean Terrace/Harding Townsite Area,other than Ocean
Terrace.
iv.Formula restaurants shall comply with the following regulations:
1.Such establishments shall be prohibited on lots fronting Ocean Drive and Ocean
Terrace.
Page 6 of 13
2.This subsection shall not apply to any establishments in the South Beach Art
Deco Area other than establishments fronting Ocean Drive nor to any
establishment in the Ocean Terrace/Harding Townsite Area,other than Ocean
Terrace.
v.Massage therapy centers shall not operate between 9:00 pm and 7:00 am in the
overlay district.
vi.Marijuana dispensaries shall be prohibited in the overlay district.
vii.Occult science establishments shall be prohibited in the overlay district.
viii.Package stores shall comply with the following regulations:
1.Such establishments shall be prohibited on lots in the South Beach Art Deco
Area with an underlying MXE zoning designation and in the Ocean
Terrace/Harding Townsite Area.
2.In areas of the overlay district not included in Section 7.3.7.1.a above,there shall
be no more than three (3)such establishments.Such establishments shall be
located no closer than 2,500 feet from any other such establishment.
ix.Pawnshops shall be prohibited in the overlay district.
x.Pharmacy stores shall comply with the following regulations:
1.Such uses shall be prohibited on lots fronting Ocean Drive.
2.In the Ocean Terrace/Harding Townsite Area,there shall be a limit of one (1)such
establishment.
3.In areas of the overlay district not included in Section 7.3.7.1.a and b above,
there shall be no more than five (5)such establishments.Such establishments
shall be located no closer than 2,500 feet from any other such establishment.
xi.Souvenir and t-shirt shops shall comply with the following regulations:
1.Such establishments shall be prohibited on lots fronting Ocean Drive and in the
Ocean Terrace/Harding Townsite Area.
2.In areas of the overlay district not included in Section 7.3.7.1.a above,there shall
be no more than five (5)such establishments.Such establishments shall be
located no closer than 2,500 feet from any other such establishment.
xii.Tattoo studios shall comply with the following regulations:
1.Such uses shall be prohibited on lots fronting Ocean Drive and in the Ocean
Terrace/Harding Townsite Area.
Page 7 of 13
2.In areas of the overlay district not included in Section 7.3.7.1.a above,there shall
be no more than three (3)such establishments.Such establishments shall be
located no closer than 2,500 feet from any other such establishment.
xiii.Grocery stores shall comply with the following regulations:
1.Such establishments shall be prohibited on lots fronting Ocean Drive (MAP
EXHIBIT-3).
2.In areas of the overlay district not included in Section 7.3.7.1.a above,there shall
be no more than five (5)such establishments.Such establishments shall be
located no closer than 2,500 feet from any other such establishment,with the
exception of such uses in the Ocean Terrace/Harding Townsite Area.
xiv.Tobacco/vape dealers shall be prohibited in the overlay district.
SECTION 2.Chapter 7,entitled "Zoning Districts and Regulations,Article 3,entitled "Overlay
Districts,"at Section 7.3.10,"North Beach Commercial Character Overlay District,"is hereby
established as follows:
7.3.10 NORTH BEACH COMMERCIAL CHARACTER OVERLAY DISTRICT
7 .3.10.1 Location and purpose (North Beach Commercial Character Overlay District).
a.There is hereby created the North Beach Commercial Character Overlay District (the
"overlay district").The overlay district consists of the properties located to the north of
63"Street,_identified in the map below in _this subsection (a).and the properties identified
in the Ocean Terrace/Harding Townsite Area described in subsection (b)below:
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Page 8 of 13
b.The Ocean Terrace/Harding Townsite Area is identified in the map below and is generally
located between Harding Avenue to the west and Ocean Terrace to the east,between
73rd and 75th Streets:
c.The purpose of this overlay district is to limit the proliferation of uses which may diminish
the character of historic commercial areas within the city.This overlay district is designed
based on and intended to achieve the following:
i.The North Beach area of the City is located to the north of 63"Street;
ii.A large portion of the North Beach area is located within the North Shore National
Register District and the Normandy Isles National Register District;
iii.A large portion of the North Beach area is located within the locally designated
Normandy Isles Historic District,North Shore Historic District,Harding Townsite
Historic District,Altos Del Mar Historic District,and the North Beach Resort Historic
District;
iv.Properties fronting Ocean Terrace and Collins Avenue between 73rd and 75th
Streets are within the Harding Townsite historic district and the North Shore National
Register historic district;
v.Properties fronting Harding Avenue between 73rd and 75th Streets are within North
Shore National Register historic district;
vi.The City of Miami Beach has undertaken a master planning process for the North
Beach area that includes the Harding Townsite historic district and North Shore
National Register district,in order to encourage the revitalization of the area by
improving cultural,retail,and dining experiences for residents and visitors to the
area;
Page 9 of 13
vii.Formula commercial establishments and formula restaurants are establishments
with multiple locations and standardized features or a recognizable appearance,
where recognition is dependent upon the repetition of the same characteristics of
one store in multiple locations;
viii.Formula commercial establishments and formula restaurants are increasing in
number within many historic districts;
ix.The sameness of formula commercial establishments,while providing clear
branding for retailers,conflicts with the city's Vision Statement which includes
creating "A Unique Urban and Historic Environment";
x.Notwithstanding the marketability of a retailer's goods or services or the visual
attractiveness of the storefront,the standardized architecture,color schemes,decor
and signage of many formula commercial establishments detract from the distinctive
character and aesthetics of the historic districts;
xi.The increase of formula commercial establishments hampers the unique cultural,
retail,and dining experience in commercial and mixed-use areas of the city's historic
districts;
xii.Specifically,the proliferation of formula commercial establishments may unduly limit
or eliminate business establishment opportunities for unique businesses,thereby
decreasing the diversity of cultural,retail,and dining services available to residents
and visitors;
xiii.The homogenizing effect of formula commercial establishments,based on their
reliance on standardized branding,increases if the size of the establishment,the
number of locations or size or use of branded elements is greater;
xiv.The increased level of homogeneity detracts from the uniqueness of the City's
historic districts,which thrive on a high level of interest maintained by a mix of
cultural,retail,and dining experiences that are not found elsewhere in the country;
xv.It is not the intent of the city to limit interstate commerce,but rather to maintain the
historic character of neighborhoods and promote their unique cultural,retail,and
dining experiences that are vital to the city's economy;
xvi.It is the intent of the city that if an establishment that has multiple locations and
standardized features or a recognizable appearance seeks to locate within certain
areas affected by this division that such establishment provide a distinct array of
merchandise,facade,decor,color scheme,uniform apparel,signs,logos,
trademarks,and service marks;
xvii.Convenience stores,pharmacy stores and formula eating establishments have
similar impacts to the unique character of this important area of the city as formula
stores;
xviii.Check cashing stores,pawnshops,souvenir and t-shirt shops,tattoo studios,
fortune tellers (occult science establishments),massage therapy center,and
Page 10 of 13
package liquor stores are uses which negatively affect surrounding areas:and
xix.It is the intent of the city to limit the number of establishments which may negatively
affect surrounding areas.
7.3.10.2 Compliance with regulations (North Beach Commercial Character Overlay
District).
The following regulations shall apply to the overlay district.There shall be no variances
allowed from the provisions of this section.All development regulations in the underlying
zoning district and any other applicable overlay regulations shall apply,except as follows:
a.The following limitations shall apply to the commercial uses listed below:
i.Check cashing stores shall comply with the following regulations:
1.Such establishments shall be prohibited in the Ocean Terrace/Harding Townsite
Area.
2.In areas of the overlay district not identified in Section 7 .3.10.1.b above,there
shall be no more than four (4)such establishments.
ii.Convenience stores shall comply with the following regulations:
1.In the Ocean Terrace/Harding Townsite Area,there shall be a limit of one (1)such
establishment.
2.In areas of the Overlay District not identified in Section 7.3.10.1.b above,there
shall be no more than 25 such establishments.
iii.Formula commercial establishments shall comply with the following regulations:
1.Such establishments shall be prohibited on lots fronting Ocean Terrace.
2.This subsection shall not apply to any establishment in the Ocean
Terrace/Harding Townsite Area,other than those fronting Ocean Terrace.
iv.Formula restaurants shall comply with the following regulations:
1.Such establishments shall be prohibited on lots fronting Ocean Terrace.
2.This subsection shall not apply to any establishment in the Ocean
Terrace/Harding Townsite Area,other than those fronting Ocean Terrace.
v.Massage therapy centers shall not operate between 9:00 pm and 7:00 am in the Ocean
Terrace/Harding Townsite Area.
vi.Occult science establishments shall be prohibited in the overlay district.
vii.Package stores shall comply with the following regulations:
Page 11 of 13
1.Such establishments shall be prohibited in the Ocean Terrace/Harding Townsite
Area.
2.In areas of the Overlay District not identified in Section 7.3.10.1.b above,there
shall be no more than six (6)such establishments.
viii.Pawnshops shall be prohibited in the overlay district.
ix.Souvenir and t-shirt shops shall be prohibited in the overlay district.
x.Tattoo studios shall comply with the following regulations:
1.In areas of the Overlay District not included in Section 7.3.10.1.b above,there shall
be no more than nine (9)such establishments.
xi.Tobacco/vape dealers shall be prohibited in the overlay district.
xii.Vitamin stores shall be prohibited in the overlay district.
b.Review procedures.
i.Commercial establishments in the overlay district that are not identified in Section
7.3.10.2.a shall comply with the following regulations:
1.A signed affidavit,in a form approved by the City Attorney and Planning Director,
indicating that the business is not an establishment that is regulated by Section
7 .3.10.2.a shall be provided to the city as part of the application for a certificate of
use and building permit,as applicable.
2.If the establishment operates in violation of this section,or in a manner that is
otherwise inconsistent with the provisions of the signed affidavit,the business tax
receipt will be subject to suspension or revocation,as provided in the City Code,
and shall immediately cease operation.
ii.Commercial establishments in the overlay district that are identified in Section
7.3.10.2.a shall comply with the following regulations:
1.I applicable,the applicant shall provide a survey that is signed and sealed on a
date no earlier than six (6)months prior to the application date,indicating the
number,location,name,business tax receipt numbers,and distance separation
of the applicable type of establishments within the overlay district.A distance
separation shall be measured as a straight line between the principal means of
entrance of each establishment and the proposed establishment.
2.Establishments existing as of the date of the enactment of this ordinance shall
count towards the maximum number of such establishments permitted within
Section 7.3.10.2.a.
3.A signed affidavit,in a form approved by the City Attorney and Planning Director,
indicating compliance with the regulations of Section 7.3.7.1 0.a for the applicable
type of establishment shall be provided to the city prior to obtaining a business
Page 12 of 13
tax receipt.
4.If the establishment operates in violation of this section,or in a manner that is
otherwise inconsistent with the provisions of the signed affidavit,the business tax
receipt will be subject to suspension or revocation,as provided in the City Code,
and shall immediately cease operation.
5.If a particular establishment meets more than one definition (i.e.,formula
commercial establishment and pharmacy store),it must meet the requirements
for each use,and if there is a conflict between two or more regulations,the more
stringent code requirement shall control.
SECTION 3.REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 4.CODIFICATION.
It is the intention of the City Commission,and it is hereby ordained,that the provisions of
this Ordinance shall become and be made part of the Code of the City of Miami Beach,as
amended;that the sections of this Ordinance may be re-numbered or re-lettered to accomplish
such intention;and that the word "ordinance"may be changed to "section"or other appropriate
word.
SECTION 5.SEVERABILITY.
If any section,subsection,clause or provision of this Ordinance is held invalid,the
remainder shall not be affected by such invalidity.
SECTION 6.EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this ifO day of [ov m lei ,2024.
s#-siciuca,»aATTES~
NOV 2 2 2024
Rataei •onanaao,cy clerk APPROVED AS TO
FORM AND LANGUAGE
First Reading:June 28,2023
Second Reading:
Verified By:
Thomas R.Moone
Planning Director
City Attorney ()K 10/11/nzf
Date
T:\Agenda\2024\9 October 2024\Planning\North Beach Comprehensive Use Regulations -Second Reading ORD.docx
Sponsored by Commissioner Alex J.Fernandez Page 13 of 13
Ordinances -R5 W
M IA M I BE A C H
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Eric Carpenter,City Manager
DATE:November 20,2024 5:02 p.m.Second Reading Public Hearing
TITLE:NORTH BEACH COMPREHENSIVE USE REGULATIONS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,AMENDING THE RESILIENCY CODE OF THE CITY OF
MIAMI BEACH,BY AMENDING CHAPTER 7,ENTITLED "ZONING DISTRICTS
AND REGULATIONS,"ARTICLE 3,ENTITLED "OVERLAY DISTRICTS,"AT
SECTION 7.3.7,"ART DECO MIMO COMMERCIAL CHARACTER OVERLAY
DISTRICT,"TO REMOVE THE "OCEAN TERRACE/HARDING TOWNSITE AREA"
FROM THE BOUNDARIES OF THE OVERLAY;AND BY ESTABLISHING SECTION
7.3.10,ENTITLED "NORTH BEACH COMMERCIAL CHARACTER OVERLAY"(1)
TO INCORPORATE THE PRE-EXISTING REGULATIONS FROM THE ART
DECO/MIMO COMMERCIAL CHARACTER OVERLAY THAT ARE APPLICABLE
TO THE "OCEAN TERRACE/HARDING TOWNSITE AREA,"(2)TO PROVIDE
LIMITS ON THE NUMBER OF PACKAGE LIQUOR STORES,CHECK CASHING
STORES,CONVENIENCE STORES,AND TATTOO STUDIOS LOCATED NORTH
OF 63RD STREET,AND (3)TO PROHIBIT TOBACCO AND VAPE DEALERS,
OCCULT SCIENCE ESTABLISHMENTS,VITAMIN STORES,PAWN SHOPS,
SOUVENIR AND T-SHIRT SHOPS,AND RELATED NUISANCE USES NORTH OF
63RD STREET;PROVIDING FOR REPEALER;SEVERABILITY;CODIFICATION;
AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the ordinance.
BACKGROUND/HISTORY
On September 14,2022,at the request of Commissioner Alex Fernandez,the City Commission
referred a proposed amendment pertaining to use regulations in North Beach (C4 X)to the Land
Use and Sustainability Committee (LUSC)and the Planning Board.On October 28,2022,the
LUSC discussed and continued the item to the January 25,2023 meeting with direction to the
Administration to draft an ordinance based upon the geographical boundaries and types of uses
identified in the October 28,2022 LUSC memorandum.
On January 25,2023,the LUSC discussed the proposed draft ordinance and continued the item
to the March 1,2023,meeting with the following direction:
1.Identify uses that should remain prohibited.
2.Identify those uses that could be regulated by a cap within the area,as well as the application
of distance separation standards.These should include check cashing stores,package liquor
stores and convenience stores.
3.Create a map of existing uses in North Beach that would be subject to a cap.
4.Under separate review,develop regulations for massage therapy centers in North Beach.
Page 951 of 1993
On March 1,2023,the LUSC discussed the proposal and recommended the following:
1.Move the ordinance to the Planning Board,with direction to continue to study the cap on the
number of allowable convenience stores.
2.Perform public outreach to commercial properties and affected stakeholders in North Beach.
3.Continue the discussion pertaining to potential regulations for massage therapy centers to the
May 10,2023 LUSC meeting.
ANALYSIS
Background
In 2020 the City Commission adopted Ordinance No.2020-4339 which,among other things,
restricted certain uses along Normandy Drive and 71st Street in the TC-C and CD-2 districts.
Specifically,the following uses were added to the list of prohibited uses in these areas:
•Tobacco and vape dealers;
•Package liquor stores;
•Check cashing stores;
•Occult science establishments;and
•Tattoo studios.
The following is a summary of the current distance separation requirements for tobacco/vape
dealers,vitamin stores and package liquor stores in North Beach:
Tobacco/vape dealers:
•No tobacco/vape dealer shall be located within 1,200 feet of another tobacco/vape dealer.
•Tobacco/vape dealers are currently prohibited within 500 feet of any property used as a public
or private,elementary,middle,or secondary school.
•Tobacco/vape dealers are currently prohibited along Normandy Drive and 716Street,within
the TC-C North Beach Town Center Central Core district,and within the Ocean
Terrace/Harding Townsite Area.
Vitamin stores:
•Vitamin shops shall not be located within 1,200 feet of another vitamin shop.
•Vitamin shops are currently prohibited within 500 feet of any property used as a public or
private elementary,middle,or secondary school.
Package liquor stores:
•The minimum distance separation between retail stores primarily selling alcoholic beverages
for consumption off the premises as a main permitted use shall be 1,500 feet.
•No alcohol beverage shall be sold within 300 feet of any property used as a public or private
school.
•No alcohol beverage shall be sold within 300 feet of any property used as a place of worship.
Page 952 of 1993
•However,package liquor stores are currently prohibited along Normandy Drive and 71st
Street,within the TC-C North Beach Town Center Central Core district,and within the Ocean
Terrace/Harding Townsite Area.
In addition to the above uses,the following are other types of uses that have been regulated in
other parts of the city,to prevent an over concentration within defined areas:
•Convenience stores;
•Pharmacy stores;
•Medical cannabis dispensaries;
•Stand-alone bars and/or entertainment uses;
•Vitamin stores;and
•Souvenir and T-shirt stores.
Planning Analysis
Currently there are several commercial and multi-family residential districts in North Beach (RM-
3,CD-1,CD-2,TC-1,2 and 3)where certain nuisance uses are allowed in some form.To regulate
these uses more comprehensively within the North Beach area,the attached draft ordinance is
proposed.Specifically,the Land Development Regulations of the City Code (LDRs)are proposed
to be amended by establishing a new overlay entitled the North Beach Commercial Character
Overlay,which would apply to all areas located north of 634 Street (see attached aerial and zoning
maps).
The following uses would be prohibited within the entirety of the proposed overlay:
•Tobacco and vape dealers;
•Occult science establishments;
•Vitamin stores;
•Pawn Shops;and
•Souvenir and T-shirt stores.
Other uses have been identified as potentially problematic,particularly when there is an over-
concentration of such uses,as the character of commercial areas and the quality of life of
residents can be negatively impacted.These uses include package liquor stores,check cashing
stores,tattoo studios and convenience stores.However,some of these uses do serve a useful
purpose,and provide residents with necessary goods and services.Planning staff surveyed
businesses north of 63d Street and compiled the following regarding existing uses:
•Package liquor stores:6 existing establishments.
•Check cashing stores:2 existing establishment.
•Convenience stores:16-19 existing establishments.
Page 953 of 1993
•Tattoo studios:9 existing establishment.
To prevent an over-concentration of these types of uses,the following limits on the total number
of uses permitted within the overlay is proposed:
•No more than 6 package liquor stores.
•No more than 4 check cashing stores.
•No more than 25 convenience stores.
•No more than 9 tattoo studios.
As it pertains to check cashing,tattoo studio and liquor store uses,considering the limited
number of existing establishments,a smaller cap for such uses is proposed.A distance
separation requirement was not included,as the proposed cap on the number of these uses is
relatively tight.Also,pursuant to the regulations set forth in Chapter 6 of the City Code,a
minimum distance separation of 1,500 feet between package liquor stores is already required.
Regarding convenience stores,the draft ordinance includes a limit of 25 convenience stores
within the overlay area.Given the existing number of existing convenience stores (16-19),this
would allow for a more measured increase in this use.Also,with the amount of new
development taking place within the North Beach Town Center-Central Core (TC-C)District,it
may be beneficial for there to be a limited number of convenience stores to serve those future
residents.
The Art Deco/MiMo Commercial Character Overlay is an overlay that provides similar regulations
for the South Beach area,as well as the Ocean Terrace/Harding Townsite Area of North Beach.
In order to ensure that there are no overlapping regulations or conflicts,the proposed ordinance
removes the Ocean Terrace/Harding Townsite Area and related regulations from the Art
Deco/MiMo Commercial Character Overlay and relocates them to the North Beach Commercial
Character Overlay.The existing regulations that are applicable to the Ocean Terrace/Harding
Townsite Area are not proposed to change.
Most of the uses proposed to be further regulated by the proposed ordinance are already
prohibited along 71Street,Normandy Drive,the North Beach Town Center,and in the Ocean
Terrace/Harding Townsite area.The areas that would be most affected by this ordinance are the
CD-2 district located between 65"Street and 69 Street and the RM-3 properties that have
accessory commercial uses.
PLANNING BOARD REVIEW
On April 25,2023,the Planning Board discussed and continued action on the proposed ordinance
to the May 23,2023 meeting.On May 23,2023 the Planning Board held a public hearing and
transmitted the proposed ordinance to the City Commission with a favorable recommendation (5-
2).The Planning Board also made a separate motion (7-0)recommending the following:
1.The subject ordinance be revised to remove the proposed prohibition on tattoo studios and
instead set a cap of up to the current number of such uses within the overlay.This
recommendation has been incorporated into the text of the ordinance for First Reading.
2.Additional community outreach in the form of a hybrid (in person and virtual)workshop in the
North Beach area.
UPDATE
Page 954 of 1993
On June 28,2023,the City Commission approved the subject ordinance at First Reading,with no
changes,and scheduled Second Reading/Adoption for July 26,2023.The City Commission also
waived the applicable fees based on the proposed amendment implementing best practices in
urban planning.
On July 26,2023 the item was continued to a date certain of September 13,2023,due to the
length of the agenda.On September 13,2023 the item was deferred to December 13,2023,with
no discussion.On December 13,2023,the item was deferred to January 31,2024,with no
discussion,and on January 31,2024,the item was deferred to April 3,2024,with no discussion.
The item was not reached at the April 3,2024 meeting and was moved to the May 15,2024
meeting.
On May 15,2024,at the request of the item sponsor,the City Commission referred the item to
the LUSC (R5 H).On June 10,2024,the item was deferred to the July 9,2024 LUSC meeting,
and on July 9,2024,the item was deferred to a future LUSC meeting.On September 5,2024,the
LUSC discussed the proposal and recommended that the City Commission adopt the ordinance
at Second Reading.
FISCAL IMPACT STATEMENT
No Fiscal Impact
Does this Ordinance require a Business Impact Estimate?Yes
(FOR ORDINANCES ONLY)
If applicable,the Business Impact Estimate (BIE)was published on:9/27/2024.
See BIE at:https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
Not Applicable
CONCLUSION
The Administration recommends the City Commission adopt the ordinance.
Applicable Area
North Beach
ls this a"Residents Right to Know"item,
pursuant to City Code Section 2-17?
Yes
Is this item related to a G.0.Bond
Project?
No
Was this Agenda Item initially requested by a lobbyist which,as defined _in Code Sec._2-481,
includes a principal engaged in lobbying?No
If so,specify the name of lobbyist(s)and principal(s):
Department
Page 955 of 1993
Planning
Sponsor(s)
Commissioner Alex Fernandez
Co-sponsor(s)
Condensed Title
5:02 p.m.2nd Rdg,North Beach Comprehensive Use Regulations.(Fernandez)PL
Page 956 of 1993
AERIAL
2,500 5,000 Fee
Page 970 of 1993
ZONING
····················u·····••••••
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I a a a ma
5,000 Feet
Page 971 of 1993
NW I "NEIGH8ORS I SUNDAY KOVEMBER 10 2024
#1 REALTOR
OVER 2.6 BILLION DOLLARS IN SALES
Direct 306.409-0019
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www.DeniseRubin.com
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CITY OF HIALEAH
ADVERTISEMENT &REQUEST FOR PROPOSAL(RFP)
The City ot Hvaeah,Flnda,wit receive electronic (sea'e )ropos als 'or the root enttted Chlren'General ard
Specialty Camps until Wednesday,October ?t,2024.the proposals must be submitted electronically i the manner
spec"ed be/ow in the electronvc sbm/tta!method dctbed below and in no other manner
Children's General and Specialty Camps
PRO PO SAL +20242 5-0 03
Contract document4,el uding drawnga,technical sec/fiatiors,add endums,and Propo sal trms may be obtained byregseringtortreeathos.//orosusmnet.gsnsgy can/oe Lal/s.to!cab
The Qty l Hialeah is requestng proposals trem partea capable ol prowdng a full scope o!Childr en a Ganeral o
Spec·alty Camps including but net muted marketing.collectng patron regstraton and payments,creating program
urncwgmisyabut,prograrn scheduling within ptoded tne wnndow,staffing,4vpp#es,and ensuring compliance with
any and all aolicable state and federal aws in accordance to the p/an and specuhcatons ot ta Rf
Fach proposal «hall te submitted electrorvcaty wa the ity'as aPrcutament.Porta!located at htts //procu rement
00 n%.c m/o91al/Gaby@a/ahno later than the date ard time spechied below Propsa/s rererved after ad date and
time wt not be considered and no time extensions wii be granted
The City's schedule for this Bottcitation ia as follows.
tent Dute frse
Advertisement gate November 3,2O24
Pre.Prop0ea!Meeting.November 20,2024 10 00 AM
Last Date tor Receipt ot Written Queationas Nove mber 21,2024 2 OO M
DOeadne tor Subrttalal Proo0sala.December 4,2024 11 OO AM
(he Ca ty nueves the gt to easy or mohy reheouhed dates ad wt natty Preposats i writing at alt changes i
shetuled atea.
The Caty ot Hialeah eserves the right to epet any and alt proposals r to waive any normnates or minor regular/is,
technicahtiea,or orations,in the proposal Proposals may be held ove r by the Cty of Hale Purchasing Dion,al
its sole dscreton,tor a period not to exceed one hundred eighty (142)days tom the date !open ng r the purpo se
of reviewng the proposal and inve stigating the qualifications of the proposers.nor lo corsderaton o the awarding of
the contrat
Pease be advised that tta {alrtahon a uaued subject ta the Caty at Hialeah'Coda o!Ordinances.and the Miami-Dade
Cou nty "Cone ot Silence',see 2-11 t(t)Miu»mi-lade County Code,wtuch re deemed as being incorporated ty reference
in thia IF (Commuricab ona wth the Mayor,City Cou ncil,and City Stal are restncted
City o!Halea,Florida
Luna A Surer
Purchasing Division Director
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
NORTH BEACH COMPREHENSIVE USE REGULATIONS
ORDINANCE AMENDING THE RESILIENCY CODE ENTITLED
"OVERLAY DISTRICTS"AT SECTION 7.3.7,"ART DECO MIMD
COMMERCIAL CHARACTER OVERLAY DISTRICT"TO REMOVE
THE OCEAN TERRACE/HARDING TOWNSITE AREA"FROM
THE BOUNDARIES OF THE OVERLAY AND BY ESTABLISHING
SECTION 7.3.10 ENTITLED "NORTH BEACH COMMERCIAL
CHARACTER OVERLAY"
NOVEMBER 20,2024
CITY COMMISSION MEETING
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Page 972 of 1993